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Ordinance 050• 40 VILLAGE OF CHANHASSEN CARVER AND hENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 50 " 111E 7s - AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF DUTCh ELM AND OTHER ARBOREAL DISEASES WITHIN THE VILLAGE OF CHANHASSEN. The Village Council of Chanhassen Ordains: Section 1. Declaration of Policy. The Village of Chanhassen has determined that the health of the Elm trees within the municipal limits is threatened by a fatal disease known as Dutch Elm disease. It has further determined that the loss of Elm trees growing upon public and private property will substantially depreciate the value of property within the Village and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the Council to control and prevent the spread of this disease and this ordinance is enacted for that purpose. Village. Section 2. Forester. 2.01 Position Created. The position of Village Forester is hereby created within the 2.02 Duties of Forester. It is the duty of the Forester to coordinate under the direction and control of the Council, all activities of the municipality relating to the control and prevention of Dutch Elm disease, and perform the duties incident to such a program adopted by the Council. Section 3. Dutch Elm Disease Program. 3.01 It is the intention of the Village Council to conduct a program of plant pest control pursuant to the authority granted by Minnesota Statutes 1961, Section 18.022. This program is directed specifically at the control and elimination of Dutch Elm disease fungus and elm bark beetles and is undertaken at the recom- mendation of the Commissioner of Agriculture. The Village Forester shall act as coordinator between the Commissioner of Agriculture and the Council in the conduct of this program. Section 4. Nuisances Declared. 4.01 The following are public nuisances whenever they may be found • • within the Village of Chanhassen: a. Any living or standing Elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylurgopinus Rufipes (Marsh). b. Any dead Elm tree or part thereof, including logs, branches, stumps, firewood or other Elm material from which the bark has not been removed and burned or sprayed with an effective Elm bark beetle insecticide. 4.02 Abatement. It is unlawful for any person, firm or corporation to permit any public nuisance as defined in subsection 4.01 to remain on any premises owned or controlled by him within the Village of Chanhassen. Such nuisance may be abated in the manner prescribed by this ordinance. Section 5. Inspection and Investigation. 5.01 Annual Inspection. I* • The Forester shall inspect all premises and places within the 40 Village as often as practicable to determine whether any condition described in Section 4 of this ordinance exists thereon. He shall investigate all reported inci- dents of infestation by Dutch Elm fungus or elm bark beetles. 5.02 Entry on Private Premises. The Forester or his duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned him under this ordinance. 5.03 Diagnosis. The Forester shall, upon finding conditions indicating Dutch Elm infestation, immediately send appropriate specimens or samples to the Commissioner of Agriculture for analysis, or take such other steps for diagnosis as may be reccom- mended by the Commissioner. Except as provided in Section 7, no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made. Section 6. Abatement of Dutch Elm Disease Nuisances. 6.01 In abating the nuisances defined in Section 4, the Forester shall • cause the infected tree or wood to be sprayed, removed, burned or otherwise effectively, treated so as to destroy and prevent as fully as possible the spread of Dutch Elm -2- CJ disease fungus and elm bark beetles. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Commissioner of Agriculture. Section 7. Procedure for Removal of Infected Trees and Wood, 7.01 Whenever the Forester finds with reasonable certainty that the infestation defined in Section 4 exists in any trees or wood in any public or private place in the Village, he shall proceed as follows: a. If the Forester finds that danger of infestation of other elm trees is imminent, he shall notify the affected property owner by certified mail that the nuisance will be abated within a specified time, not less than 5 days from the date of mailing of such notice. The Forester shall immediately report such action to the Council, and after the expiration of the time limited by the notice he may abate the nuisance. b. If the Forester finds that the danger of infestation of other elm trees is not imminent because of elm dormancy, he shall make a written report of his findings to the Council which shall proceed by: (1) Abating the nuisance as a public improvement under Minnesota Statutes Ch. 429, or (2) Abating the nuisance as provided in subsection 2 of this Section. 7.02 Upon receipt of the Forester's report required by subsection 7.01(b) , the Council shall by resolution order the nuisance abated. Before action is taken on such resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners and published once in the legal newspaper of the Village not less than one week prior to such meeting. The notice shall state the time and place of the meeting, the streets affected, action proposed, the estimated cost of the abate- ment, and the proposed basis of assessment of costs, if any. At such hearing or adjournment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a resolution confirming the original resolution with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract. 7.03 The Forester shall keep a record of the costs of abatements done under this Section and shall report monthly to the Village Clerk -Administrator all work done for which assessments are to be made stating and certifying the descrip- 4Wtion of the land, lots, parcels involved and the amount chargeable to each. -3- 7.04 On or before September 1 of each year the Clerk -Administrator • shall list the total unpaid charges for each abatement against each separate lot or a parcel to which said charges are attributable under this ordinance. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statutes Sec. 429. 101 and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes. Section 8. Spraying Elm Trees. 8.01 Whenever the Forester determines that any elm tree or elm wood within the Village is infected with Dutch Elm fungus, he may spray all nearby high value elm trees, with an effective elm bark beetle destroying concentrate. Spraying activities authorized by this Section shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture and under the super- vision of the Commissioner and his agents whenever possible. 8.02 The notice provisions of Section 7 apply to spraying operations conducted under this Section. Section 9. Transporting Elm Wood Prohibited. 9.01 It is unlawful for any person to transport within the Village any • bark -bearing elm wood without having obtained a permit from the Forester. The Forester shall grant such permits only when the purposes of this ordinance will be is served thereby. Section 10. Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the Forester or his agents while they are engaged in the per- formance of duties imposed by this ordinance. Section 11. Penalty. Any person, firm or corporation who violates this ordi- nance is guilty of a misdemeanor, and upon conviction thereof may be punished by a fine of not to exceed $300.00 or imprisonment for 90 days. Section 12. Effective Date. This ordinance is effective from and after its passage and publication. Adopted by the Council this 17th day of July, 1972. ATTEST: MAYOR CLERK 0 Published in Carver County Sun on the 27th day of July , 1972, Muriel L. Quist, Notary Public, Hennepin County, Minn. My Commission Expires July 28th, 1978. (Official Pub{Ication) disease fungus and elm bark beetles. Such VILLAGE OF abatement procedures shall be carried CHANHASSEN out in accordance with current technical CARVER AND HENNEPIN and expert opinions and plans as may be COUNTIES, MINNESOTA designated by the Commissioner of Agri - ORDINANCE NO. 50 culture. AN ORDINANCE RELATING TO THE Section 7. Procedure for Removal of CONTROL AND PREVENTION OF Infected Trees and Wood. SUN (�IX0DISEASES EWSPAPEDC DUTCH ELM AND OTHER ARBOREAL WITHIN THE VILLAGE OF CHANHASSEN. I 7.61 Whenever the Forester finds with r ble certainty that the infes- to in Section 4 exists in any The Village Council of Chanhassen Ordains: tr an public or private Section 1. Declaration of Policy. The Village Chanhassen has determined p'lie shall proceed as of a. Wt da that the health of the Elm trees within the municipal limits is threatened by a fatal disease known as Dutch Elm disease. It uwlpFhas AFFIDAVIT O F PUBLICATION further determined that the loss of Elm trees growing upon public and pri- �� lthe ttaa within �»bt�sa,,.. vate property will substantially depre- aspecified- than 5 days from the•.. ciate the value of property within the Vil- lage impair the safety, order, ing of such tfgtice.. The Y, and good general welfare and convenience of the It is declared to be the intention of shall immediately re*=t tion to the Council, andof i1 ARVER O 0 CCN public. the Council to control and prevent the expiration of the time lim by the notice be may abate the _ spread of this disease and this ordinance ante.. is enacted for that purpose. b. If the Forester finds that the Section 2. Forester. of infestation of other elm, !3 East 2nd Street Chaska, 2.01 Position Created. The position of Village Forester :s not imminent because of e dor- many, he shall make a»'YiZ't'l Ow hereby created within the Village. 2.02 report of his findings to theC ci Duties of Forester. which shall proceed by' ' It is the duty of the Forester to coor- (1) Abating the nuisance Asg, dinate under the direction and control of lie improvement under Mita the Council, all activities of the munici- Statutes Ch. 429, or pality relating to the control and preven- (2) Abating the nuisance as pro - tion of Dutch Elm disease, and perform vided•in subsection 2 of this Sec - State of Minnesota the duties incident to such a program adopted by the Council. tion. 7.02 Upon receipt of the Forester's ss. County of Carver Section 3. Dutch Elm Disease Pro- gram. report required by subsection 7.01(b), the Council shall by resolution order the nuis- 3.01 It is the intention of the Village ante abated. Before action is taken on Council to conduct a program of plant such resolution, the Council shall publish pest control pursuant to the authority notice of its intention to meet to consider granted by Minnesota Statutes 1961, Sec- taking action to abate the nuisance. This tion 18.022. This program is directed spe- notice shall be mailed to affected proper- cifically at the control and elimination of Dutch Elm disease fungus and elm bark ty owners and published once in the legal J. R. RITC'HAY, being duly sworn, on oath says is and during all times he Y g beetles and is undertaken at the recom- newspaper of the Village not less than one week prior to such meeting. The notice been the vice president and printer of the newspaper known as The Carver mendation of the Commissioner of Agri- shall state the time and place of the meet - and has full knowledge of the facts herein stated as follows: (1) Said newspaper culture. The Village Forester shall act as coordinator between the Commissioner ing, the streets affected, action proposed, the English language in news aper format and in column and sheet forme uivale gP q of Agriculture and the Council in the con- the estimated cost of the abatement, and the proposed basis of assessment of costs, space to at least 900 square inches. (2) Said newspaper is a weekly and is distrib duct of this program. if Any. At such hearing or adjournment once each week. (3) Said newspaper has 50% of its news columns devoted to n Sec4 N i Section . Nuisances Declared. D 4.01 The following are public nuis- thereof, the Council shall hear property interest to the community which it purports to serve and does not wholly duplica ances whenever they may be found within owners with reference to the scope and 'desirability of the proposed project. The publication and is not made up entirely of patents, plate matter and advertisem( the Village of Chanhassen: Council shall thereafter adopt a resolu- newspaper is circulated in and near the municipality which it purports to serve, a. Any living or standing Elm tree or part thereof infected to any degree tion confirming the original resolution 500 copies regularly delivered to paying subscribers, has an average of at least 75� with the Dutch Elm disease fungus with such modifications as it considers desirable and provide for the doing of the circulation currently paid or no more than three months in errears and has entr Ceratocystis Ulmi (Buisman) Moreau or which harbors any of work by day labor or by contract. class matter in its local postoffice. (5) Said newspaper purports to serve the the elm bark beetles Scol tus Mul- y 7.03 The Forester shall keepa rec- ord of the costs of abatements done under Chaska, Chanhassen, Victoria, Carver and Cologne in the County of Carver ar. tistriatus (Eichh.) or Hylurgopi- this Section and shall report monthly to known office of issue in the Village of Chaska in said county, established and opi nos Rufipes (Marsh). b. Any dead Elm tree or part thereof, the Village Clerk -Administrator all work r e ular business hours for the gathering of news, sale of advertisements and sale g g g including logs, branches, stumps, done for which assessments are to be made stating and certifying the descrip- tions and maintained by the managing officer or persons in its employ and sl firewood or other Elm material tion of the land, lots, parcels involved and direction and control during all such regular business hours and devoted exclu; from which the bark has not been removed and burned or sprayed the amount chargeable to each. such business hours to the business of the newspaper and business related they with an effective Elm bark beetle 7.04 On or before September 1 of each year the Clerk -Administrator shall newspaper files a copy of each issue immediately with the State Historical Soci insecticide. list the total unpaid charges for each newspaper has complied with all the foregoing conditions for at least two .years l 4.02 Abatement.rate It is unlawful for any person, firm or lot or each spare tonlsaid day or dates of publication mentioned below. (,8) Said newspaper has filed with ' corporation to permit any public nuisance chargenst parcel which attribut able under this ordinance. The Council of State of Minnesota prior to January 1, 1973 an affidavit in the form presc, as defined in subsection 4.01 to remain on may then spread the charges or any por- Secretary of State and signed by the vice resident of said newspaper and sworn g Pwithin any premises owned or controlled by him the Village of Chanhassen. Such tion thereof against the property involved as a special assessment under Minnesota notary public stating that the newspaper is a legal newspaper. nuisance may be abated in the manner Statutes Sec. 429.101 and other pertinent prescribed by this ordinance. Section 5. Inspection and Investiga- statutes for certification to the County Auditor and collection the following year tion. 5.61 Annual Inspection. along with current taxes. Section 8. Spraying Em Trees. Ord inanee NO � 50 The Forester shall inspect all premis- es and places within the Village as often 8,01 Whenever the Forester deter - mines that any elm tree or elm wood He further states on oath that the printed as practicable to determine whether any within the Village is infected with Dutch hereto attached as a part hereof was cut from the columns of said newspaper, an( condition described in Section 4 of this ordinance exists thereon. He shall investi-, Elm fungus, he may spray all nearby high gate all reported incidents of infestation value elm trees, with an effective elm bark beetle destroying concentrate by Dutch Elm fungus or elm bark beetles. Spraying activities authorized by this 5.02 Entry on Private Premises. The Forester or his duly authorized Section shall be conducted in accordance with technical and expert opinions and and published therein in the English language, once each week, for ��� succ P g agents may enter upon private premises -any reasonable time for the purpose of plans of the Commissioner of Agriculture and under the supervision of the Commis - carrying out any of the duties assigned him under this ordinance. sioner and his agents whenever possible. 5.03 Diagnosis. 8.02 The notice provisions of Section 7 apply to spraying operations conducted Thurs3rd that it was first so published on the day of � The Forester shall, upon finding con- ditions indicating Dutch Elm infestation, immediately send appropriate specimens under this Section. Section 9. Transporting Elm Wood or samples to the Commissioner of Agri- Prohibited. 9.01 It is unlawful for any person to culture for analysis, or take such other transport within the Village any bark - steps for diagnosis as may be recom- bearing elm wood without having ob- mended by the Commissioner. Except as Provided in Section 7, no action to remove tained a permit from the Forester. The and was thereafter printed and published on ever to P P Y infected trees or wood shall be taken until Forester shall grant such permits only when the purposes of this ordinance will positive diagnosis of the disease has been be served thereby. made. Section 6. Abatement of Dutch Elm Section 10. Interference Prohibited -It is unlawful for any person to prevent, de - the day of 19 and that the following is E Disease Nuisances. 6.01 In abating the nuisances defined lay or interfere with the Forester or his agents while they are engaged in the Per- of the lower case alphabet from A to Z, both inclusive, and is hereby acknowle in Section 4 the Forester shall cause the infected tree or wood to be sprayed, re- formance of duties imposed b this ordi- Hance.'; Rt,. P y the size and kind of type used in the composition and publication of said notice, moved, burned or otherwise effectively . Sectie* - firm treated so as to destroy and Prevent as, fully or co aliot ordi- abcdefghijklmnopgrstuvwxyz as possible the spread of Dutch Elm nance si guilty of a misdemeanor, and abedefghijklmnopgrstuvwxvz upon penished by a fine ai p or im- prisonment for 90 days. Section 12. Effective Date. This ordi- PL is effective from and after its pas- sage and publication. Adopted by the Council this 17th day of July, 1972. 3rd Aug AL KLINGELHUTZ/cc Mayor Subscribed and sworn to before me this day of 19 ATTEST ADOLPH TESSNESS/cc Clerk ( August 3, 1972) — Carv. (Notarial Seal) Muriel L. Quist, Notary Public, Hennepin County, Minn. My Commission Expires July 28th, 1978.